KFC

OLD WEST PROPERTIES

SUNDANCE, KENSINGTON
MANAGEMENT AND WINDY LANDINGS

Hourly Employee Handbook

and General Policies

REV. 6/2011
 TABLE OF CONTENTS

I. INTRODUCTION
A. WELCOME TO OLD WEST PROPERTIES, SUNDANCE,
KENSINGTON MANAGEMENT AND WINDY LANDINGS....... 1
B. ABOUT THIS BOOKLET................................................................. 2
C. OUR COMPANY PHILOSOPHY..................................................... 2
D. OUR COMPANY............................................................................... 3
E. INFORMATION AND COMMUNICATION.................................... 3

II. RULES, REGULATIONS & DISCIPLINE MATTERS FOR ALL

EMPLOYEES
A. WORK RULES.................................................................................. 4
B. POLICY AGAINST WEAPONS AND VIOLENCE......................... 5
C. DRUGS AND ALCOHOL................................................................. 6
D. SOCIAL MEDIA STANDARDS....................................................... 6

III. INFORMATION FOR ALL EMPLOYEES ABOUT WORK

A. BENEFITS......................................................................................... 7
B. COMPANY WORK POLICIES AND PROCEDURES.................... 8.
1. Meals................................................................................... 8
2. Attendance........................................................................... 8
3. Schedule Requests............................................................... 8
4. Trades.................................................................................. 8
5. Back Area Access................................................................ 8
6. Loitering.............................................................................. 8
7. Smoking............................................................................... 8
8. Profanity.............................................................................. 8
9. Appearance Policy............................................................... 8
10. Back Door Security............................................................. 9
11. Soliciting.............................................................................. 9
12. Drivers License.................................................................. 9
C. A WORD ABOUT UNIONS............................................................ 10
D. WORK WEEK, PAYDAY, AND OVERTIME PAY........................ 10
E. HIRING RELATIVES...................................................................... 10
F. REHIRE POLICY............................................................................ 11
G. BAND-AID/GLOVE POLICY........................................................ 11
H. CASHIER/CASH POLICY.............................................................. 12

IV. EQUAL EMPLOYMENT OPPORTUNITY POLICY............................. 12

V. ANTI-HARASSMENT POLICY
A. PROHIBITED DISCRIMINATORY HARASSMENT................... 13
B. SEXUAL HARASSMENT DEFINED............................................ 13
C. DISABILITY DISCRIMINATION.................................................. 14
D. COMPLAINT AND INVESTIGATION.......................................... 14

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VI. TIME OFF WORK
A. JURY DUTY.................................................................................... 15
B. MILITARY DUTY/LEAVE............................................................. 15
C. FAMILY AND MEDICAL LEAVE (FMLA)................................... 16
D. VOTING TIME................................................................................ 18
E. VACATION...................................................................................... 19

VII. CONCLUSION
EMPLOYMENT-AT-WILL............................................................................ 19
CONCLUDING REMARKS.......................................................................... 20
SUGGESTIONS.. ........................................................................................... 20

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 I.

INTRODUCTION

A. WELCOME TO OLD WEST PROPERTIES, SUNDANCE,

KENSINGTON MANAGEMENT AND WINDY LANDINGS

Welcome to Old West Properties, Sundance, Kensington Management and Windy

Landings, a Franchisee of Yum Brands, the largest quick-service restaurant chain in
the world.
We are glad you have chosen to join our Company. We are committed to ensure that
each of you flourish and excel. Our expectations are high, but we recognize and reward
outstanding achievement.
People and service are our business. Our Company strives to provide an atmosphere in
which the talent and ambition of our employees can translate to unparalleled levels of
success.
We are proud to be a part of Yum Brands. As you grow with the Company and work
together with us to achieve our goals and objectives, we are certain you too will share
in that pride.
Sincerely,

Pete Lyders

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B. ABOUT THIS BOOKLET

Welcome aboard! We are glad to have you as a member of the team and hope in this
handbook to share with you our sense of pride in our operation and in the services we
provide.
This Employee Handbook applies to all current and new employees of Old West
Properties, Sundance, Kensington Management and Windy Landings (referred to in the
Handbook as the Company), which is the local franchisee of Yum Brands.
As a new employee, you will naturally have many questions about your employment
and about our Company. This booklet has been prepared to help answer some of
those questions and explain a number of our policies and procedures. It will not cover
everything.
This Employee Handbook is not a contract of employment between the Company and
the employee. Nothing contained in this Handbook is intended to create, nor should it be
viewed as creating, any contractual obligation of any kind on the part of the Company.
This Employee Handbook supersedes in all respects all previous Employee Handbooks
(including the 2002 Handbook), policy memos, practices, policies and rules, whether
written or oral. No Employee Handbook can anticipate every circumstance or answer
every question about policy. Occasionally, a policy may be re-evaluated and, sometimes,
unusual situations may merit exceptions. Moreover, the Company reserves the right to
unilaterally modify, amend, suspend, cancel or delete any or all policies, procedures or
practices from time to time as it deems appropriate in its sole discretion. When such
changes are made, employees will receive a revised Employee Handbook, a policy
memorandum and/or other written notification.
All employees (including probationary, part time employees) must comply with the
rules and policies set forth in this Handbook. Probationary employees and part time
employees (those working less than 36 hours per week) are not entitled to benefits,
vacation or paid holidays.
Please read the entire Employee Handbook and familiarize yourself with its provisions
as employees must sign an Employee Statement confirming that he/she has done so and
employees must comply with them during their employment at the Company.
The Company maintains an open door policy. If, at any time, the employee has any
questions, would like more information, or is confused about this Employee Handbook
or any Company policy, the employee should contact the Area Coach, Director of
Operations, and/or Peter Lyders.

C. OUR COMPANY PHILOSOPHY

Along with our restaurant guests, Yum Brands employees are the most important factors in
the success of our Company, and we take personal interest in both your accomplishments
and your needs. You deserve full respect and trust from our Company and from your
fellow employees and should be treated as an individual with dignity and fairness. We
select, retain and promote employees on the basis of individual ability, performance
and experience, avoiding any unlawful discriminatory practices. We maintain a working

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environment that allows for individual differences, encourages individual initiative, and
provides opportunities for personal growth, advancement and satisfaction. We recognize
that as each person has different strengths, needs, and talents, you need to be provided
with meaningful work with the authority and responsibility to succeed in it.
An enjoyable characteristic that most employees find while working with us is a sense
of mental toughness coupled with a professional, results orientated attitude. We possess
a willingness to commit resources to those things we believe in and will provide
aggressive, rapid responses to changes and challenges. We have a strong orientation to
results, action and excellence.

D. OUR COMPANY

Old West Properties, Sundance, Kensington Management and Windy Landings (the
Company) is owned and operated by Peter Lyders, its President. The Company has
grown from the first acquisition on February 1, 1995, consisting of 14 stores to over 65
stores today. We have expanded into Pizza Hut, KFC & A & W restaurants. We look
forward to continuous growth and realize that you are a vital part of this expansion.
We have dozens of people fulfilling different roles to help you to learn and grow with
our Company.
Peter Lyders is actively involved in the day to day operations and works closely with
the Director of Operations, Area Coaches and his staff to operate one of the best
franchises within the System.
A highly committed owner, professionals, unit managers & office staff are the driving
force behind the success this Company has had. We are pleased to have you join us.

E. INFORMATION AND COMMUNICATION

One of our goals is to encourage and maintain open and honest communication lines
throughout our Company. We firmly believe that you should have a clear knowledge
of what is expected of you, to be in a better position to contribute to the success of our
Company and to benefit from such efforts.
Please ask questions regarding any policy or practice you do not fully understand. We
want you to have all of the information that you need to feel comfortable here. Your
immediate supervisors are among your best sources for reliable factual answers to your
questions.
The Company invites open discussion of matters which affect you and your job.
If you have questions or complaints about any aspect of corporate policy, you are
encouraged to follow the chain of command to have these questions answered. While
this approach generally leads to the fastest and best results, Peter Lyders can be reached
by appointment at the Company address or phone number listed at the end of this
handbook.

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 II.

RULES, REGULATIONS AND DISCIPLINE MATTERS

FOR ALL EMPLOYEES

A. WORK RULES

The Company constantly strives for excellence, so we have very high expectations
of our crewmembers in terms of performance and behavior. Please read this section
carefully. Discuss any questions you may have with your Area Coach. You will be asked
to sign a sheet certifying that you received this handbook and that you understand our
work rules, cash register policy and uniform policy. Our emphasis is to talk openly
about employee performance and to encourage change, where possible, to acceptable
standards.
The purpose of the Company work rules is to clearly communicate what conduct is
unacceptable. The following work rules are not meant to constitute a complete or all-
inclusive list, but rather some examples of the types of conduct, which may result in
disciplinary action.
Breaking the following work rules or any behavior against Company standards will
result in disciplinary action up to and including termination of employment.
1. Procedural violations involving safety, sanitation, security and cash handling.
2. Misappropriation of Company funds or food product, or negligence resulting
in a cash loss or shortage.
3. Theft of property from the Company or its suppliers, guests, or employees.
4. Unauthorized use of, or neglect of Company facilities, property or equipment.
5. Defacing, damaging or destroying Company property.
6. Wearing, carrying or using any beeper, mobile phone, e-mail, texting or
similar electronic device while working.
7. Fighting with or causing bodily harm to another employee or guest.
8. Engaging in horseplay, harassment, or other behavior disruptive to co-
workers, guests, or suppliers.
9. Refusal to perform assigned work.
10. Falsifying official Company records or time cards.
11. Unprofessional conduct.
12. Use of extreme, abusive, or threatening language toward co-workers, guests
or suppliers.
13. Absenteeism.
14. Tardiness.
15. Unavailability for work.
16. Absences or tardiness without advance approval.

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 17. Unauthorized closing of a restaurant during normal operation hours.
18. Unauthorized opening later than normal business hours.
19. Unsatisfactory performance of assigned job responsibilities and duties.
20. Possession or use of alcohol, illegal drugs or unprescribed drugs while on
Company property and/or during working time.
21. Reporting to work under the influence of drugs or alcohol.
22. Possession of a weapon on Company property.
23. Failure to adhere to Company personal appearance standards.
24. Failure to follow established meal policies and practices.
25. Commission of a crime.
26. Revealing Company trade secrets to anyone other than a Company employee,
without a written approval.

27. Missing a crew meeting without prior permission from the Area Coach.

B. POLICY AGAINST WEAPONS AND VIOLENCE

The Company is committed to providing a safe environment for its employees, customers,
and visitors. In order to provide a safe workplace, we require:
Zero Tolerance for Violence
Violence is defined to include physically harming another in any way; shoving,
pushing, harassment, intimidation, coercion, brandishing weapons, and/or threatening or
talking of violence. Any display or threat of violence in the workplace may subject the
employee to disciplinary action up to and including immediate termination. Employees
are urged to act professionally at all times and refrain from joking about or suggesting
violent activity.
Reporting Potential Problems
It is each employees responsibility to prevent violence in the workplace. The employee
can help by reporting to your Restaurant General Manager and/or Human Resources
Manager any violence.
Zero Tolerance for Weapons
Weapons are not permitted on Company premises. Guns, knives, clubs or any other
objects that are intended to be used as a weapon are prohibited.
The Company, in its sole discretion, has the right to determine the appropriate discipline
for violations of this policy, and any violation may result in discipline up to, and
including, termination.

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C. DRUGS AND ALCOHOL

The welfare and success of this Company depends on the physical and psychological
health of all its employees. The abuse of drugs and alcohol poses a serious threat to
both the Company and its employees. Commonly abused or improperly used drugs
and substances include, among others, alcohol, pain killers, sedatives, stimulants and
tranquilizers as well as marijuana, cocaine, heroin and other illegal drugs. It is the
responsibility of both the Company and the management to maintain a safe, healthful
and efficient working environment. For that purpose, the Company has adopted these
policies:
1. The possession, use or sale of alcohol, unprescribed or illegal drugs or the
misuse of any legal drugs on Company premises or while on Company business
is prohibited and will constitute grounds for immediate termination.
2. Any employee under the influence of drugs or alcohol, which impairs judgment,
performance or behavior while on Company business, will be subject to
discipline, including termination.
The Company will establish such procedures, as it finds necessary to effectively enforce
this policy. This may include a requirement that employees cooperate in personal or
facility search when there is reason to believe or suspect that drugs or alcohol are
present, that an employees performance is impaired or behavior is erratic. Refusing
to cooperate with these procedures may be cause for disciplinary action, up to and
including termination. All work related injuries are subject to mandatory drug/alcohol
testing.
Random drug testing practices will be used to identify employees under the influence
or using drugs on the Company premises. All salaried, management level employees
(including shift managers), employees who work in maintenance and security, and
above store leaders, will be subject to random drug testing practices. The companys
random drug testing list comes out on Monday, if you are on the companys random
drug testing list, you must go before Wednesday at 5 pm. If you do not have approval
from your Market Coach or Security due to being on vacation, etc. and you do not go
to drug testing before Wednesday at 5 pm, you will be terminated. Current employees
who apply for, or transfer to, any of the above classifications and whose application
or transfer has been approved, may be required to be tested to identify drug use. All
employees must pass a drug test prior to receiving a promotion.

D. SOCIAL MEDIA STANDARDS

With the popularity of new social media (Social Media), such as YouTube, MySpace,
Facebook and Twitter, its important that you understand how your behavior and
participation on Social Media can affect yourself, your job and the Company. You are
personally responsible for anything you do, say and post on Social Media, even if you do
not use your real name. As an employee at a Company restaurant, you must follow these
social media standards (Standards) at all times.

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STANDARDS

DONT use any type of camera, video or recording device, including cell phone cameras,
in the restaurant. The only exception is for recognition activities or other business uses
approved by your Restaurant General Manager.
DONT post or text any of the following:
Videos or photos of the restaurant or anything that happens in the
restaurant
Videos, photos or sound recordings that violate workplace policies,
including Food Safety Procedures and Anti-Discrimination and
Harassment Policy
Inappropriate videos or photos that reflect poorly on yourself, your
job, the Brand or your community or could harm another persons
reputation
Brand information, including operational standards, job aids,
training materials, workplace policies and product specifications
Personal information of others, such as name, phone number,
address and Social Security number
DONT claim or leave the impression that you are speaking on behalf of the Company.
DONT use Social Media to complain or report concerns about things that happen in the
restaurant. Instead, talk with your Restaurant General Manager or another manager in
the organization or call your HR representative or the Network at (248) 446-0100.

DO make it clear that what you are saying on Social Media is your own opinion.
DO think about the possible effects of your post before you create or publish it.
DO keep in mind that the Company monitors online postings and will report ANY
crimes, including theft, vandalism, health code violations, food tampering/safety issues,
to the proper authorities.
DO call the Company Media line at (949) 863-3915 if someone is videotaping or taking
pictures anywhere in your restaurant without permission from your Restaurant General
Manager.
NOTE: This does not apply to recognition activities and other approved
business uses.

REMEMBER:

If you violate any of these Standards, you WILL be:

o Subject to discipline, up to and including termination
o Subject to criminal charges if you violate any food safety
standards or otherwise tamper with any food in the restaurant
Even when you delete a post, it can be stored online forever

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 III.
INFORMATION FOR ALL EMPLOYEES ABOUT WORK

A. BENEFITS

The Company offers health and other insurance coverage, which you may elect at your
expense. The cost of such coverage can be deducted from your paycheck. You will be
provided with insurance information separately. Please contact the Restaurant General
Manager or Human Resources Manager if you need further information or have any
questions.
B. COMPANY WORK POLICIES AND PROCEDURES

1.
Meals If store hits weekly variance, employees will receive up to $4.00 in
free meals, not including drink, per shift. Food must be eaten at the store.
2.
Attendance If you are unable to work your scheduled shift due to illness
or injury, you must notify the manager on duty at least two hours before the
start of your shift. If you are sick with a cold or flu, have any food-borne
illness or infectious or contagious disease you must stay home and notify the
manager on duty at least two hours before the start of your shift. If you have
any food-borne illness or infectious or contagious disease you must have a
written letter of release to come back to work from a doctor. If you are unable
to work your scheduled shift, you must find a qualified person to work your
shift. The manager must approve any such replacement. Failure to give proper
notice and when required, failure to present a doctors excuse, may result in
termination. Three tardies in a thirty-day period may result in termination.
Any no call or no show may result in disciplinary action up to and including
termination. Excessive absenteeism can result in disciplinary action up to and
including termination.
3.
Schedule Requests Schedule requests are not automatic!!!!!! We try to
accommodate schedule requests, but it is your responsibility to check the
schedules. All requests must be turned in by Tuesday at 4:00 p.m. for the
following schedule. Schedules are posted on Thursdays and run from the
following Wednesday through Tuesday.
4.
Trades Crew members who wish to take off work on a day they have been
scheduled to work, may trade shifts with another employee who is certified to
work the station which the employee who wants to take off work is scheduled
to work. The manager of the shift from which you are switching must approve
all such trades. That manager must sign the schedule.
Back Area Access no one is allowed behind the front counter unless they
5.
are in uniform and clocked in.
6. Loitering You are permitted in the restaurant 15 minutes before and after
your shift. If you are not clocked in you may not interfere with clocked in
employees. Employees will not be allowed to hang out in the lobby. Any
violation of this policy may result in discipline up to and including termination.
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 7. Smoking You may smoke on your break in your car or near the restaurants/
locations dumpster area.
8. Profanity Profanity while on the job site will not be tolerated. You may
receive one warning before you are terminated. Profanity in front of customers
will result in immediate termination.
9. Appearance Policy All crew members must be in full uniform whenever
working. This includes: black shoes (no white stripes, stars, etc.), approved
uniform pants, shirt, hat, and name tag. Replacement name tags are available
for $ 1.00, hats are $ 5.00. No beards or hair hanging below the collar are
allowed. Jewelry is limited to one ring per hand and stud earrings only (no
hoops or dangle earrings). Black shirts or turtlenecks that match your uniform
will be allowed to be worn under the uniform shirt. Shirts must be tucked in.
Rules about Jewelry, tattoos, and accessories.
4 Wear jewelry in moderation (one ring per hand, one stud-earring per ear).
4 Dont wear jewelry that dangles. Medical Alert necklaces are allowed if
they are not visible or are worn inside the shirt.
4 Dont wear any body-piercing jewelry that is visible.
4 Dont wear a tattoo that is visible. Tattoos that are offensive, gang related
or of a sexual nature must be covered up.
4 Wearing or using buttons, hats, clothing or other personal items which
include or otherwise convey a message, request or position, whether
political or otherwise, is prohibited, without prior written consent from the
Human Resources Manager.
These are the general guidelines that should provide you with a reasonable idea
of what is expected. Management reserves the right to require an employees
personal appearance to be modified when the manager determines that it is
inappropriate.
10. Back Door Security All boxes must be broken down prior to removing
them from the restaurant. Trash may be taken out of the back door until dusk;
thereafter, the front door must be used. The back door is not to be opened or
unlocked for any reason after 5:00 p.m. or dusk. Employees may not enter or
leave through the back door. Failure to follow back door policy will result in
termination.
11. Soliciting Any and all soliciting by one employee of another employee, or
collecting from one employee by another employee, is prohibited while either
employee is on work hours. Distributing or posting literature or circulating
petitions during work time or in work areas at any time is also prohibited.
Trespassing, soliciting or distributing literature by a non-employee of the
Company is prohibited on Company premises at all times. If employee wishes
to ask fellow employees to participate in any fund raising activities (bowl-a-
thons, Avon, selling candy, etc.), do not do so during working hours.

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12. Drivers License All employees must have a valid drivers license and proof
of insurance.
The Company does not assume any liability for bodily injuries or property damage the
employee may become personally obligated to pay arising out of an accident occurring
in connection with operation of his/her own car. The reimbursement to the employee
for the operation of his/her car on Company business includes the allowance for the
expense of automobile insurance. You are required to have minimum liability limits of
$100,000 (CSL). The Company does not specify and assumes no responsibility for any
other coverage employees carry on their own cars since this is a matter of individual
status and preference.
C. A WORD ABOUT UNIONS

We believe that unions are not necessary. We believe this for many reasons.
First, there is no reason why you should have to pay union initiation fees, union dues,
and union assessment for what you already have. Second, there is no reason why you
or your family should fear loss of income or job because of strikes or other union-
dictated activity. Third, we believe that the best way to achieve results is to work and
communicate directly with each other without the interference of third parties or unions.
Fourth, we feel that our employees are able to speak for themselves, and our management
is committed to listening to you and being responsive to your needs through our open
door policy and otherwise.
The federal government gives employees the right to organize and join unions. It
also gives employees the right to say no to union organizers and not to join unions.
Remember, a union authorization card is a power of attorney which gives a union the
right to speak and act for you.
If you should be asked to sign a union authorization card, we encourage you to say no.

D. WORKWEEK, PAYDAY AND OVERTIME PAY

The Companys workweek begins on Wednesday at 12:00 a.m. and ends on Tuesday at
11:59p.m.
Typically, paychecks will be at the store before 5 pm every other Tuesday. Checks will
not be given out until after 2 pm on payday. All employees must first sign the paycheck
verification report before acquiring their check, no exceptions.
The Company will pay one and one half times your regular rate of pay for all hours
actually worked by non-exempt employees over 40 hours in a work week. If overtime
is to occur you must have advance approval from your Area Coach. Hourly employees
may not work off the clock at any time for any reason. All employees must follow
the overtime policy to limit and/or minimize overtime, failure to do so may result in
disciplinary action up to and/or including termination.
Any confirmed failure to pay overtime, overpayment or other error in pay, whether
discovered by the employee or the Company, and whether to the employees detriment
or benefit, will be corrected with a deduction or credit in the employees next regular
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paycheck or as soon as practicable. Any employee who believes his/her pay is wrong
must immediately report it to the Restaurant General Manager or Human Resources
Manager.

E. HIRING OF RELATIVES

Generally speaking, members of your family are eligible for employment at the
Company; however, certain rules apply.
You may not have a direct reporting relationship with any person with whom you have
a significant personal (romantic) relationship.
Please inform your supervisor or the office if you are now or would become involved,
through a promotion or transfer, in a situation of reporting to or being reported to by a
relative or person you are currently involved with.

F. REHIRE POLICY

In the case of crew members who have been voluntarily terminated, eligibility for rehire
will be determined by previous service record.
Any crew employee involuntarily terminated may not be rehired. Any employee with
less than a competent performance rating is ineligible for rehire.
Hiring of any previous employee (corporate or franchise) must have the prior approval
of the Area Coach.

G. BAND-AID/GLOVE POLICY

In order to properly manager customer claims against any given restaurant, to

immediately recognize bandages which have accidentally fallen in the food and
to prevent the likelihood of contamination of food as a result of employee cuts, it is
extremely important that all employees adhere to the following procedures:
*All employees are to notify their manager immediately if they come to
work wearing a band-aid of if they have cut themselves, no matter how
minor the mishap may seem at the time.
*All non-blue band-aids on fingers, hands and forearms are to be replaced
with approved blue band-aids before starting work.
*If you cut yourself while working, remove yourself from the food handling
or non-food handling task immediately to attend to the cut. Immediately
dispose of any food or paper products, which are contaminated by blood.
*Wash your hands thoroughly as outlined in the Food Safety Video. Use hot
water. Apply anti-microbial soap to hands. Rub soap over tops and palms of
hands and around and under fingernails. Scrub hands for 20 seconds. Rinse
hands with running water. Dry hands and blot the surface of the cut dry with
a clean disposable towel. Apply blue band-aid.
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 *If the cut is on the hand or finger, you must wear a disposable plastic
glove over the bandage. This will prevent the band-aid from coming off
and getting into the food. It will also prevent food from getting under the
band-aid and into the cut.
*Bandages are to be changed and disposed of properly, a minimum of
once a day (prior to starting a shift). A new disposable glove is to be
used every time the employee goes from a non-food-handling task to a
food-handling task.

H. CASHIER/CASH POLICY

1. Cashiers must always start with a cash drawer that has not been used by anyone
else. The money in the cash drawer needs to be counted by the cashier prior to
using the drawer.
2. After you count the drawer the cashier signs the cashier verification report.
3. As the cashier you are the only person that may take cash. Do not permit anyone
else to use your drawer.
4. Change is not to be made between registers. Only the manager in charge may
get or make change.
5. The cashier is responsible for all deletions made on the register, excessive
amounts may result in disciplinary action up to and including termination.
6. Cashiers are to never make change for a guest without a manager present.
7. Cashiers may not accept $50 or $100 bills. Cashier must call the MIC to verify
bill and MIC must verify change.
8. Upon completion of your shift the MIC needs to close out the drawer and count
it with the cashier as a witness. Cashier must also sign the Cashier Report along
with the MIC.
9. It is against Company policy to overcharge or undercharge for food, any
violation will result in disciplinary action up to and including termination.
10. It is the responsibility of the cashier once running the drawer to make sure that
cash overages and shortages are within Company standards. (.20 per $100)
11. Cashiers that have excessive amounts of overages or shortages are subject to
disciplinary action up to and including termination.
As a Cashier, you have read and understand the listed policies above. You acknowledge
the importance of this policy and have no questions regarding this policy. As a cashier
you also understand that not following this policy can result in disciplinary action up to
and including termination along with also contacting local authorities.

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 IV.

EQUAL EMPLOYMENT OPPORTUNITY POLICY

The Company is an equal opportunity employer and is committed to a policy of compliance

with all federal and state civil rights laws and regulations. In order to provide equal
employment and advancement opportunities to all individuals, employment decisions
at the Company are based on merit, qualifications, and abilities. The Company does
not discriminate in employment opportunities or practices on the basis of race, color,
religion, sex, national origin, age, weight, height, disability, familial, marital or veteran
status, or any other characteristic protected by law. This policy governs all aspects
of employment, including but not limited to hiring, job assignment, compensation,
discipline, termination, and access to benefits and training.
As an employee of the Company, employee must comply with the Companys equal
opportunity policy as an integral part of the Companys culture. Any employee with
questions or concerns about any type of discrimination in the workplace is encouraged
to bring these issues to the attention of their Restaurant General Manager, Area Coach,
and/or Human Resources Manager. Employees can and are encouraged to raise any and
all concerns about discrimination without fear of reprisal. Anyone found to be engaging
in any type of unlawful discrimination will be subject to disciplinary action, up to and
including termination.

V.

ANTI-HARASSMENT POLICY

A. PROHIBITED DISCRIMINATORY HARASSMENT

It is the firm policy of the Company to provide and maintain a work environment that is
free of harassment and discrimination based on race, color, religion, national origin, sex
(see the definition of sexual harassment below), age, disability or handicap. Harassment
is any unwelcome or unsolicited verbal, physical, or sexual conduct that unreasonably
interferes with an employees job performance or creates a hostile, offensive, or
abusive working environment. Examples of harassment include, but are not limited
to, disparaging remarks about a persons race, color, religion, national origin, sex, age,
disability or handicap; unwelcome or unsolicited touching or threats of physical harm;
and the use of degrading words, nicknames, pictures, stories, or jokes.

B. SEXUAL HARASSMENT DEFINED

1. Basic definition:
For purposes of this policy, the term sexual harassment means unwelcome
sexual advances, unwelcome requests for sexual favors, and other unwelcome
verbal or physical conduct or communication of a sexual nature when:
(a) Submission to such conduct or communication is made either
explicitly or implicitly a term or condition of the individuals employment; or
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 (b) Submission to or rejection of such conduct or communication
by an individual is used as a basis for employment decisions affecting such
individual; or
(c) Such conduct or communication has the purpose or effect
of unreasonable interfering with an individuals employment or creating an
intimidating, hostile, or offensive work environment.
2. Examples:
Examples of unwelcome sexual harassment include, but are not limited to,
threatening adverse employment actions if sexual favors are not granted;
promising preferential treatment in return for sexual favors; unwanted physical
contact; and/or sexually offensive remarks, including the following kinds of
prohibited behavior:
Verbal: sexual advances or propositions or threats; continuing
to express interest after being informed the interest is
unwelcome; sexual innuendoes; suggestive or insulting
comments or sounds including whistling; sexual jokes or
teasing of a sexual nature; commentary about an individuals
body, sexual prowess or sexual deficiencies; and any other
abuse of a sexual nature.
Visual: display of sexually suggestive objects, pictures, or letters;
leering; obscene gestures; sexually suggestive or offensive
graffiti.
Physical: unwanted physical contact, including offensive touching,
pinching, brushing the body, impeding or blocking
movement; unwanted sexual intercourse or other unwanted
sexual acts; sexual assault or battery.
The above list is not meant to be exhaustive, but is included to provide examples of
prohibited action.

C. DISABILITY DISCRIMINATION
The Company will not discriminate against a qualified individual with a disability in job
application procedures, hiring, firing, advancement, compensation, job training and other
terms, conditions and privileges of employment. A qualified individual with a disability
is an individual who has a physical or mental impairment that substantially limits one
or more major life activities, has a record of such an impairment and/or who is regarded
as having such an impairment. Further, a qualified individual with a disability is an
individual who, with or without a reasonable accommodation, can perform the essential
functions of the job in question. The Company will make reasonable accommodations
for qualified individuals to allow access to the Companys facilities and employment
opportunities if the accommodation in question does not impose an undue hardship on
the operation of the Companys business. Employees who need an accommodation are
required to submit a written request to the Human Resources Manager within 182 days of

14
hire or when the employee knew, or should have known, of the need for accommodation.
Discrimination and/or harassment against job applicants or employees because they are
disabled is prohibited and will not be tolerated.

D. COMPLAINT AND INVESTIGATION

Any employee who feels that she or he has been subjected to harassment of any kind,
who is aware of conduct prohibited under this policy, or who feels that she or he has been
subject to harassment, or has been retaliated against for having brought a complaint of or
having opposed harassment and/or for having participated in the complaint process must
report or otherwise bring the matter to the attention of either the Restaurant General
Manager, Area Coach (whose phone # is available at the store) and/or Human Resources
Manager at 248-446-0100.
The Company will investigate all allegations of harassment fairly and promptly. To
protect the interests of the complaint, the person complained against, witnesses, any other
who may report incidents of harassment, and all other persons affected, confidentiality
will be maintained to the extent practicable and appropriate under the circumstances.
If as result of an investigation, the Company determines that a violation of this policy has
occurred, the Company will take prompt and appropriate remedial action to eliminate the
policy violation and to insure that it does not recur, up to and including termination of
any employee found to be in violation of this policy.
The Companys employees can and are encouraged to report any and all incidents of
harassment without fear of reprisal. The Company prohibits any form of retaliation
against any employee for filing a complaint under this policy or for participating in a
complaint investigation.

VI.

TIME OFF WORK

A. JURY DUTY

The Company believes that Jury Duty is a matter of civic obligation. The Companys
policy allows the manager/assistant to perform that obligation without loss of income to
him/her. If the manager/assistant is called to jury duty, the Company will continue to pay
him/her their usual salary, providing he/she remit to the Company any compensation
that he/she receives from the court for jury services, and that he/she report to work with
the Company on any day, or part of a day, that he/she is excused from duty.

B. MILITARY DUTY/LEAVE

If the manager/assistant is an employee with 6 months service and is a member of a

military reserve unit that is required to attend a two-week training session annually, the
Company policy allows him/her to perform that obligation without loss of income to

15
him/her. The Company will pay the manager/assistant any difference between his/her
normal pay and the amount received in military pay for the two-week period. When he/
she returns from military duty, he/she must present his/her military reserve pay voucher
to the Company so that payment can be arranged.
Should the manager/assistant be called to active duty with any branch of the Armed
Forces of the United States for periods beyond the two week training session described
above, he/she will be granted a military leave of absence and will be re-employed in
accordance with all applicable Federal and State Laws.

Immediately upon receipt of orders to report for military duty, the manager/assistant
should submit to the Company a copy of the orders together with a letter requesting
leave.

C. FAMILY AND MEDICAL LEAVE (FMLA)

1. Basic Leave Entitlement

FMLA requires covered employers to provide up to 12 weeks of
unpaid, job-protected leave to eligible employees for the following
reasons:
For incapacity due to pregnancy, prenatal medical care or
child birth;
To care for the employees child after birth, or placement for
adoption or foster care;
To care for the employees spouse, son or daughter, or parent,
who has a serious health condition; or
For a serious health condition that makes the employee
unable to perform the employees job.
2. Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active
duty or call to active duty status in the National Guard or Reserves
in support of a contingency operation may use their 12-week leave
entitlement to address certain qualifying exigencies. Qualifying
exigencies may include attending certain military events, arranging
for alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending
post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible
employees to take up to 26weeks of leave to care for a covered
servicemember during a single 12-month period. A covered
servicemember is a current member of the Armed Forces, including a
member of the National Guard or Reserves, who has a serious injury

16
 or illness incurred in the line of duty on active duty that may render the
servicemember medically unfit to perform his or her duties for which
the servicemember is undergoing medical treatment, recuperation, or
therapy; or is in outpatient status; or is on the temporary disability
retired list.
3. Benefits and Protections
During FMLA leave, the Company will maintain the employees
health coverage under any group health plan on the same terms as
if the employee had continued to work. Upon return from FMLA
leave, most employees must be restored to their original or equivalent
positions with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment
benefit that accrued prior to the start of an employees leave.
4. Eligibility Requirements
Employees are eligible if they have worked for a covered employer
for at least one year, for 1,250 hours over the previous 12 months,
and if at least 50employees are employed by the employer within 75
miles.
5. Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical
or mental condition that involves either an overnight stay in a medical
care facility, or continuing treatment by a health care provider for
a condition that either prevents the employee from performing the
functions of the employees job, or prevents the qualified family
member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement
may be met by a period of incapacity of more than 3 consecutive
calendar days combined with at least two visits to a health care
provider or one visit and a regimen of continuing treatment, or
incapacity due to pregnancy, or incapacity due to a chronic condition.
Other conditions may meet the definition of continuing treatment.
6. Use of Leave
An employee does not need to use this leave entitlement in one block.
Leave can be taken intermittently or on a reduced leave schedule
when medically necessary. Employees must make reasonable efforts
to schedule leave for planned medical treatment so as not to unduly
disrupt the Companys operations. Leave due to qualifying exigencies
may also be taken on an intermittent basis.
7. Substitution of Paid Leave for Unpaid Leave
Employees may choose or the Company may require use of vacation
or other accrued paid time-off while taking FMLA leave. In order to

17
 use paid time-off for FMLA leave, employees must comply with the
Companys normal policies.
8. Employee Responsibilities
Employees must provide the Company with 30 days advance notice
of the need to take FMLA leave when the need is foreseeable. When
30 days notice is not possible, the employee must provide notice as
soon as practicable and generally must comply with the Companys
normal call-in procedures.
Employees must provide sufficient information for the Company
to determine if the leave may qualify for FMLA protection and the
anticipated timing and duration of the leave. Sufficient information
may include that the employee is unable to perform job functions,
the family member is unable to perform daily activities, the need for
hospitalization or continuing treatment by a health care provider,
or circumstances supporting the need for military family leave.
Employees also must inform the Company if the requested leave
is for a reason for which FMLA leave was previously taken or
certified. Employees must provide medical certification and periodic
recertification supporting the need for leave when leave is requested
for the employees own serious health condition. Employees will also
be required to provide a fitness-for-duty certification upon returning
from leave.
9. Company Responsibilities
The Company will inform employees requesting leave whether they
are eligible under the FMLA. If they are, the notice will specify any
additional information required as well as the employees rights and
responsibilities. If they are not eligible, the Company will provide a
reason for the ineligibility.
The Company will inform employees if leave will be designated
as FMLA-protected and the amount of leave counted against the
employees leave entitlement. If the Company determines that the
leave is not FMLA-protected, the Company will notify the employee.
10. Enforcement
The FMLA makes if unlawful for any employer to:
Interfere with, restrain, or deny the exercise of any right
provided under FMLA;
Discharge or discriminate against any person for opposing
any practice made unlawful by FMLA or for involvement in
any proceeding under or relating to FMLA.
An employee may file a complaint with the U.S. Department of Labor
or may bring a private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting

discrimination, or supersede any State or local law or collective
18
 bargaining agreement which provides greater family or medical leave
rights.

D. VOTING TIME

State law provides for employees to be absent from work for two hours on election day
for the purpose of voting. This law does not apply to any employee whose work days
begins more than two hours subsequent to the time of the polls opening, or ends more
than three hours prior to the polls closing.

E. VACATION
Employees are eligible for paid vacation if (1) the Employee has completed one full
year of employment in which the employee averaged at least 36 hours of work per
week (a Qualifying Year); and (2) the Employee is currently averaging 36 hours
of work per week. Eligible hourly employees will be entitled to vacation as follows:
You are entitled to 5 (five) paid vacation days (i.e., pay for your daily hourly average)
upon completion of your first Qualifying Year.
You are entitled to 10 (ten) paid vacation days per year upon completion of your
second Qualifying Year and each additional Qualifying Year
You cannot use more than 1/2 your vacation time during any 6 (six) month period
without advance written permission from your Area Coach.
All vacation must be approved in writing two (2) weeks in advance by your Area
Coach and Restaurant General Manager.
Vacation days must be used during the first year after they are earned and cannot be
carried over to following years. If it is not used, it is lost.
Any earned, unused vacation time will not be paid out upon termination.

If you work for the Windy Landings company:

Employees are eligible for paid vacation if (1) the Employee has completed one full
year of employment in which the employee averaged at least 36 hours of work per
week (a Qualifying Year); and (2) the Employee is currently averaging 36 hours of
work per week. Eligible hourly employees will be entitled to vacation as follows:

You will accrue up to 5 paid vacation days (i.e., pay for your daily hourly average)
upon completion of your first qualifying year throughout your second qualifying
year.
You will accrue up to 10 paid vacation days (i.e., pay for your daily hourly average)
upon completion of your second qualifying year throughout your third qualifying
year and each additional qualifying year.
You cannot use more than your vacation time during any 6 (six) month period
without advance written permission from your Area Coach.
All vacation must be approved in writing two (2) weeks in advance by your Area
Coach and Restaurant General Manager.
Vacation days must be used during the first year after they are earned and cannot
be carried over to following years. If it is not used, it is lost.

19
 VII.

CONCLUSION

EMPLOYMENT-AT-WILL

Employment with the Company is voluntarily entered into, and the employee is free
to resign at will at any time, with or without notice or cause. Similarly, the Company
may terminate the employment relationship at will at any time, with or without notice
or cause, so long as there is no violation of applicable federal or state laws.
Policies set forth in this handbook are not intended to create a contract, nor are they
to be construed to constitute contractual obligations of any kind or a contract of
employment between the Company and any of its employees.
No manager, agent or representative of the Company has the authority to enter into
any agreements or make any promises or representations which alter the employment
at will status or any other term or condition of employment inconsistent with the
provisions of this policy without the express, written consent of the Company.

CONCLUDING REMARKS
The information included in this handbook has been assembled to assist you and the
Company in building a mutually beneficial, working relationship. The information
provided is not all-inclusive. As you can see, that simply wouldnt be practical. Be
cause our business is fast-paced and ever-changing, the Company reserves the right to
amend, supplement or rescind any material contained in this handbook at any time and
without prior notice.
If you ever have questions, would like to make a suggestion, or have a problem, we
encourage you to talk to your Area Coach, Director of Operations, and/or Peter Lyders.
We believe problems exist only until the suggestions to solve them are communicated.
We want to assure you that we are constantly striving to establish an environment that
welcomes your input. Together, we can continue to build a Company that provides
growth and opportunity for us all.
SUGGESTIONS
The owners of the Company are always pleased to listen to any comments or
suggestions you may have. If you have an idea, which could help to better serve our
guests or employees, please call or send a letter to:

Old West Properties, Sundance, Kensington

Management and Windy Landings
7915 Kensington Court
Brighton, MI 48116
(248) 446-0100

20
 HOURLY EMPLOYEE STATEMENT

I, the undersigned employee of Old West Properties, Sundance, Kensington

Management and Windy Landings (the Company), hereby acknowledge that on
____________________, 20__, I received a copy of the Companys Hourly Employee
Handbook, revised. I understand that the Hourly Employment Handbook is not a
contract and does not create any contractual rights or obligations.

I acknowledge that my employment with the Company is TERMINABLE-AT-WILL

by myself or the Company. This means that the Company has the right to terminate my
employment at any time, with or without cause, or for any or no reason whatsoever. I
have the same right.

I understand that if I have a protected disability that affects my ability to do the job I
seek, I may ask the Company to attempt to make a reasonable accommodation for it. I
must make my request in writing as soon as possible. Such notice must be given no later
than 182 days after the date I now or reasonably should know that accommodation is
needed.

I further acknowledge that any action, suit or arbitration against the Company arising out
of my employment or termination of employment, including, but not limited to, claims
arising under State or Federal civil rights statutes, must be brought within 180 days of
my termination or other event giving rise to the claims. Otherwise, the claims will be
forever barred. I waive any limitation periods to the contrary.

I understand that the Company offers health and other insurance to all full-time
employees at the employees expense via a payroll deduction. I further understand that
if I want coverage, I must complete the application form within thirty (30) days of hire
or during annual open enrollment.

I acknowledge that if any portion of this Hourly Employee Statement is determined to

be unenforceable, the remaining part or parts of the Hourly Employee Statement shall
remain in full force and effect.

Only the President of the Company has the authority to enter into an agreement which is
contrary to the terms of this Hourly Employee Statement and such an agreement must be
in writing and signed by the President of the Company.

This Hourly Employee Statement supersedes all previous Hourly Employee Handbooks
and all prior written or oral communications to me concerning my employment and job
status.

Acknowledged by:

Dated:_____________________ ___________________________________
Employee Signature
 HOURLY EMPLOYEE STATEMENT

I, the undersigned employee of Old West Properties, Sundance, Kensington

Management and Windy Landings (the Company), hereby acknowledge that on
____________________, 20__, I received a copy of the Companys Hourly Employee
Handbook, revised. I understand that the Hourly Employment Handbook is not a
contract and does not create any contractual rights or obligations.

I acknowledge that my employment with the Company is TERMINABLE-AT-WILL

by myself or the Company. This means that the Company has the right to terminate my
employment at any time, with or without cause, or for any or no reason whatsoever. I
have the same right.

I understand that if I have a protected disability that affects my ability to do the job I
seek, I may ask the Company to attempt to make a reasonable accommodation for it. I
must make my request in writing as soon as possible. Such notice must be given no later
than 182 days after the date I now or reasonably should know that accommodation is
needed.

I further acknowledge that any action, suit or arbitration against the Company arising out
of my employment or termination of employment, including, but not limited to, claims
arising under State or Federal civil rights statutes, must be brought within 180 days of
my termination or other event giving rise to the claims. Otherwise, the claims will be
forever barred. I waive any limitation periods to the contrary.

I understand that the Company offers health and other insurance to all full-time
employees at the employees expense via a payroll deduction. I further understand that
if I want coverage, I must complete the application form within thirty (30) days of hire
or during annual open enrollment.

I acknowledge that if any portion of this Hourly Employee Statement is determined to

be unenforceable, the remaining part or parts of the Hourly Employee Statement shall
remain in full force and effect.

Only the President of the Company has the authority to enter into an agreement which is
contrary to the terms of this Hourly Employee Statement and such an agreement must be
in writing and signed by the President of the Company.

This Hourly Employee Statement supersedes all previous Hourly Employee Handbooks
and all prior written or oral communications to me concerning my employment and job
status.

Acknowledged by:

Dated:_____________________ ___________________________________
Employee Signature
 EMPLOYEE UNIFORM AGREEMENT

I_ , agree that I have received the uniforms listed below.

(print name)
I understand that should I terminate my employment or be terminated by Old West
Properties, Sundance, Kensington Management and Windy Landings, a franchisee of
Yum Brands, I must return all uniforms clean.
Quantity Size
Shirts
Pants
Hat
Name Tags
Employee Signature & Date_____________________________

Manager Signature & Date______________________________

Store #_______________________________________________